Fiscal Note - SB 0106 - Life Sentence For Assault of Peace Officer
L.R. NO. 0177-01
BILL NO. SB 106
SUBJECT: Assault of Peace Officer
TYPE: Original
DATE: January 20, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue ($44,244) ($48,090) ($49,314)
Total Estimated
Net Effect on All
State Funds ($44,244) ($48,090) ($49,314)
* Additional costs to Department of Corrections will not begin until FY
2007.
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government (Unknown) (Unknown) (Unknown)
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the
proposed legislation would not result in an increase in the number of felony
cases prosecuted; however, they would expect the cases to become more
protracted. CTS assumes the proposal would result in an impact on prison
populations.
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation would have no fiscal impact on their agency. OPS further assumes
the proposal could result in an unknown increase in the workload of county
prosecutors, as it could impact their ability to accept plea bargains to the
charge of first degree assault of a law enforcement officer.
Officials from the Office of the State Public Defender (SPD) assume their
agency would provide representation in an additional 62 trials, at a minimum
of 40 hours per trial. SPD provided representation for 249 offenders charged
with assault on a law enforcement officer during FY96. The proposal would
enhance the new penalty for a first degree assault charge to life
imprisonment. SPD assumes this would result in an additional 25% of
offenders demanding their day in court. SPD assumes they would require one
FTE Assistant Public Defender ($32,256 per year), plus fringe benefits,
equipment, and operating expenses to carry out the provisions of this
proposal with an estimated cost of approximately $48,000 annually.
Officials from the Department of Corrections (DOC) assume the proposed
legislation would result in additional operating expenses and the need to
construct additional beds after the ninth year of implementation due to
longer prison stays. During the last three fiscal years, the DOC has
received an average of nine new commitments annually for assault of a law
enforcement officer in the first degree. Of this group, sentences ranged
from 5 to 60 years with three life sentences. The average maximum aggregate
sentence for the group is 19 years. Based upon similar groups of offenders,
DOC assumes that 48% of the maximum aggregate sentence would be served in
prison.
DOC assumes that under current law an offender would serve an average of 9
years (19 years x 48%) in prison before becoming eligible for parole. Based
upon this proposal, an offender would serve an average of 47 years in prison
rather than the current average of 9 years. DOC bases this calculation upon
the life expectancy of Missouri males (75 years old) and the average age on
admission to prison for life sentence inmates (28 years old). By taking the
difference of these ages, a life sentence without parole would be
approximately 47 years. Assuming nine new commitments annually, DOC assumes
they will incur a fiscal impact after the ninth year of implementation. The
fiscal impact will continue to increase annually since offenders sentenced
under this statute would no longer be eligible for parole.
Officials from the Office of the Governor and the Office of the Attorney
General assume the proposed legislation would have no fiscal impact on their
agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Costs - State Public Defender (SPD)
Personal Service (1 FTE) ($27,541) ($33,889) ($34,736)
Fringe Benefits (7,857) (9,669) (9,910)
Equipment and Expenses (8,846) (4,532) (4,668)
Total Costs - SPD ($44,244) ($48,090) ($49,314)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND* ($44,244) ($48,090) ($49,314)
* Additional costs to Department of Corrections will not begin until FY 2007.
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
(Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would mandate a sentence of life imprisonment for the offense of
first degree assault against a law enforcement officer. First degree assault
is defined as attempting to kill or knowingly cause or attempt to cause
serious physical injury to a law enforcement officer and is a Class A felony.
Under current law, a Class A felony is punishable by 10 to 30 years or life
in prison.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of State Courts Administrator
Office of Prosecution Services
Office of the State Public Defender
Department of Corrections
Office of the Governor
Office of the Attorney General
This Fiscal Note is not an official copy and should not be quoted or cited.